Criminal Procedure Code, 1973
Section 439—Regular bail—Recovery of one kilogram Tablet Alprazolam from courier parcel—FIR registered under Section 8, 20, 22(c), 23 & 29 of the NDPS Act—Even despite co-accused disclosing the involvement of petitioner, there was no recovery from petitioner and allegation was, even as per co-accused, that petitioner used to provide fake ID's of different persons for courier of parcels containing these medicines to different countries—Recoveries were from co-accused instead—CDR assessment by the State would at best show that petitioner was in touch with co-accused—Even as per screenshots relied upon by the State of the mobile messages, it does not reveal that there were discussions regarding contraband—Bank accounts statements which the State relies upon are merely a typed copy showing list of amounts and dates but there are no details provided regarding whom these amounts were received from or sent to—Tracking bar codes relied upon by the State as also the tracking details of courier parcels only serve to show that there were packages sent to certain named persons abroad but there is nothing placed on record to show their connection with petitioner—It seems prima facie evident that role of petitioner, ever as per the prosecution case, is different from other accused and is being considered in light of specific allegations in relation to the petitioner—There are reasonable grounds for a prima facie belief that he is not guilty for such offence for which he is being implicated, and there is no material on record to reach any conclusion that he is likely to commit any offence while on bail—Fact that trial in present matter is likely to take up some time, while it would not be prudent to keep the petitioner behind bars for an indefinite period—Fit case found for grant of bail to the petitioner—Application allowed.
[Paras 16 to 18]